High Court To Hear Dispute Over Ch. 13 Payments

Law360, New York (November 2, 2009, 4:22 PM EST) -- The U.S. Supreme Court has decided to hear a dispute over how bankruptcy courts should decide how much money Chapter 13 debtors must pay unsecured creditors each month after reorganizing their debt.

The court said Monday that it would grant a petition for certiorari filed by Jan Hamilton, a Chapter 13 trustee, on the limited question of “whether, in calculating the debtor’s 'projected disposable income' during the plan period, the bankruptcy court may consider evidence suggesting that the debtor’s income or expenses during that period are...